QUESTION
Does physical custody involve not having legal custody of your children? How?
Asked on May 11th, 2015 on Child Custody - Nebraska
More details to this question:
My wife and I are just starting a divorce, and we have two children. I read elsewhere that there are three types of custody: legal, physical, and a combination. My question is: does physical custody mean one parent does not have legal control over the children? Are these types of custody even correct? How do they work?
8 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If you are in WA custody is not the issue, residential time with the child and decision making authority are the issues. How residential time is divided depends on a long list of factors. Decision making authority is usually joint unless there is domestic violence or other reasons why this is not in the child's best interest. Get a lawyer who should be able to help you understand the law and how to try to get what you want.
Answered on May 11th, 2015 at 5:34 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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First things first. Contact a skilled family law attorney who can review all the facts with you in much greater detail than can be done on this site. In Wisconsin, 'custody' or 'legal custody' mean the authority to make the important decisions in a child's life. 'Placement' means the time the child spends with each parent. Lawyers sometimes speak of 'primary physical placement' and 'periods of temporary physical placement.; Ordinarily parents share placement in any proportion they agree on and the court approves. If they do not agree, the court will hold a hearing or more than one hearing. Policy seems to favour joint legal custody, but that is by no means the universal outcome. Good Luck.
Answered on May 11th, 2015 at 5:09 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You clearly are confused, and should just spend an hour with an attorney to understand your rights and obligations. there is legal custody, where the parents have legal rights to information and decisions, physical which is actual parenting time possession and caring for the children. They can be in any appropriate combination as agreed to by the parties and/or ordered by the Court.
Answered on May 11th, 2015 at 5:08 PM
1 Award
Legal custody is the type of custody agreed to in court by the parties or rendered by judgment of the court. It could be sole custody of joint custody. Physical custody is the amount of time the children are with their parents. The parties could share physical custody of the children on a 50/50 basis (also called shared custody), or one parent could have physical custody of the children the majority of the time.
Answered on May 11th, 2015 at 5:04 PM
Bruce Provda
Legal custody in NY means having a say in important things in the child's life such as schooling, medical care etc. Often parents share this and need to consult with one another about these decisions in the child's life. Physical custody does not exist as a term in NY, but it basically means the parent with whom the child has their legal address for school and other purposes. This is usually the parent that will receive the child support. It is rare, but sometimes courts grant joint residency in which the child spends equal time at both parents' homes.
Answered on May 11th, 2015 at 4:30 PM
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Legal custody refers to the big decision making issues that parents decide for their children (typically the big three - medical, religion, and educational decisions). Physical custody refers to physical "possession" or time with the children under your care. If the parents do not share joint physical custody, the parent without physical custody receives "parenting time" - times where the children are regularly with that parent. As to what would be best in your situation, you will want to visit with a local experienced custody attorney who can discuss your specific situation confidentially with you and present your options. Best wishes.
Answered on May 11th, 2015 at 3:40 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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There are 2 types of custody: 1) Legal (decision making) 2) Physical.
Answered on May 11th, 2015 at 3:36 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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Legal custody has to do with decision making for and on behalf of the children. Physical custody has to do with where the children primarily reside. If you, for example had physical custody, the other parent would still have parenting time rights. If you had joint legal custody with the children's other parent, the two of you would make joint decisions on issues such as education, non-emergency medical, and religion.
Answered on May 11th, 2015 at 3:36 PM